POLS 1101 Lecture 14Outline of Last Lecture I. PuzzleII. Principals and Agents in the Executive BureaucracyIII. DrifIV. Bureaucratic Drif and Coalitional DrifV. Bureaucratic CaptureVI. Motivations of BureaucratsVII. Bureaucrats as LawmakersVIII. Political Influences on the BureaucracyA. OversightB. Interest GroupsIX. Iron TriangleX. In Comparison: Bureaucratic TraditionsXI. Revisiting the PuzzleOutline of Current Lecture I. Constitutional BasisII. Federal Court StructureIII. Federal Appeals Courts CircuitsIV. State Courts and the Electoral ConnectionV. Establishing Judicial PowerVI. Marbury v. Madison (1803)VII. Supremacy of Federal Courts and Federal LawCurrent Lecture: I. Constitutional Basis- Article III establishes Supreme Court: Judiciary Branch- Judicial authority shall be invested in a Supreme Court- Congress can make subordinate courts- Checked by Congress and the presidenta. President appointsb. Senate gives “advice and consent”: let the president know that they consider certain nominees to be the best for a certain positioni. Confirmationii. Senatorial courtesyc. Congress funds the courtsII. Federal Court Structure- Judiciary Act of 1789 created lower courtsa. District courts are the lowest levelb. Circuit courts of appeal above them- Amendments expanded this structurea. 94 federal district courtsb. Organized into 13 circuitsc. Each circuit has a court of appealIII. Federal Appeals Courts CircuitsIV. State Courts and the Electoral Connection- Separate hierarchy from federal courts- We elect our judges- Each state sets up their own courts- Many states elect judges and prosecutorsa. Georgia elects appellate court judges in nonpartisan electionsV. Establishing Judicial Power- Little in the Constitution regarding judicial checks on other branchesa. Closest clause: Article III, Section 2 extends judicial power to all cases “arising under this Constitution.”- Powers established over timea. Judicial reviewb. Supremacy of federal courtsVI. Marbury v. Madison (1803)- Judiciary Act of 1789 also allowed federal officials to ask court for a writ of mandamus- Midnight appointments- Court in a vulnerable positiona. A ruling for Marbury would likely be ignored b. A ruling against Marbury would confirm subordinate status- Clever opinion written by Marshall established the procedure of judicial reviewVII. Supremacy of Federal Courts and Federal Law- Marshall also asserted federal court supremacy over state law and courts:a. McCulloch v. Maryland (1813)i. A state cannot tax the national bankb. Gibbons v. Ogden (1824)i. Congress can regulate interstate commerce- Supreme Court as “Court of Last Resort”: a. Resolves conflicts between the states and national government, different branches, and parties or
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